“Employers must remember that workers can show any document that shows right to work and don’t have to use the same documents they presented when verified previously,” Shen said. Sheppard Mullin’s Labor & Employment Law Blog is designed to provide employers with breaking news, insights, and legal analysis on virtually every labor and employment law issue facing employers. If you do so and it conforms to ICE protocols, then the digital version will become the official version but we still recommend you retain the paper I-9’s. Finally, USCIS has added a large box for additional information in section 2. This could be used to notate information that used to have to be scribbled in the margins of the form, such as a foreign national’s Temporary Protected Status or Optional Practical Training information. “You can use it to include an E-Verify case number, employee termination date, form retention dates, and any other comments for the employer’s business process,” Miller said.
Employers Must Use Form I-9 With a Revision Date of 07/17/17 N
Frequently fields are accidentally left blank which makes the I-9 non-compliant. USCIS is holding a national teleconference on Jan. 31 to review the latest enhancements to the Form I-9 and answer questions from the HR community. Employers using electronic I-9 systems should not experience any direct impact with this form change, Lange said. However, some of the content may still be useful, so we have archived the page.
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NLR does not answer legal questions nor will we refer you to an attorney or other professional if you request such information from us. Shen said that the smart form is “pretty smart, but it’s not perfect. Using it is not a safe harbor.” He added that it’s important for HR to continue to be familiar with immigration-related anti-discrimination laws to stay compliant. If an employer asks too many questions of foreign workers about documents or doesn’t accept a valid document, then it could be exposed to liability. “Note that not all acceptable documents are included in the dropdown menus,” he said. Even though the scenario is not common, an employer may receive an acceptable document that is not listed and can be open to a discrimination charge if it is rejected.
Please contact your Sheppard Mullin attorney contact for additional information. Derosby explained that an employee could, for example, fill in Section 1 online, print it out and sign page 1 before handing it to his or her employer. The employer could then fill in Section 2 and sign the document, making sure to keep the two pages together for retention.
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On the form, an employee must attest to their employment authorization. The employee must also present their employer with acceptable documents as evidence of identity and employment authorization. The employer must examine these documents to determine whether they reasonably appear to be genuine and relate to the employee, then record the document information on the employee’s Form I-9. Certain employers who choose to remotely examine the employee’s documentation under a DHS-authorized alternative procedure rather than via physical examination must indicate they did so by checking the box http://www.roaring-girl.com/work/webwatch/ provided. For more information, review the Special Instructions tab below. Form I-9 is required for all new employees (hired after Nov. 6, 1986) or for the reverification of expiring employment authorization of current employees (if applicable).
Green Card Processes and Procedures
Make sure the I-9 is completely and accurately filled out by both the employee and your company. Take the time to carefully review the answer for each field of the form. Basham said that if an employee is using the online version of the form, Section 2 will self-populate the worker’s full name on page 2. A new field asks for the new hire’s citizenship or immigration status.
- The employee must also present their employer with acceptable documents as evidence of identity and employment authorization.
- For re-hires within the past 3 years, the employer does not need to complete a new I-9.
- SHRM Members enjoy unlimited access to articles and exclusive member resources.
- So unless an employer has purchases a reliable digital I-9 software program, then they should continue to use the paper version.
- For more information, review the Special Instructions tab below.
I-9, Employment Eligibility Verification
The U.S. Citizenship and Immigration Services released a new version of the I-9 Employment Eligibility Verification form on July 17. Employers may use the new version or the prior version until Sept. 17, 2017. Beginning on Sept. 18, 2017, the new version of the I-9 must be used for any new verifications. Our community’s health, well-being, and security are our high priorities.
Handbook for Employers
Also, the hyperlink on the main Form I-9 webpage returns you to http://www.kpe.ru/sobytiya-i-mneniya/ocenka-sostavlyayuschih-jizni-obschestva/ekonomika/1312-gydroelektrostancii-za-i-protiv the Instructions above. We will publish a Federal Register notice as soon as possible to implement the president’s memorandum. We should conduct business and plan to update this message as soon as we can.
- In Section 2 in the middle of the page, there is a large box titled “Additional Information”.
- All U.S. employers must properly complete Form I-9 for every individual they hire for employment in the United States.
- Failure to meet DHS standards for electronically generated, stored and/or retained Form I-9 may result in fines and other penalties.
- It is permissible and a best practice to try and get the I-9 completed before the first day of employment.
“The employee now needs to affirmatively check a box indicating that he or she did not use a preparer or translator if that’s in fact the case,” Minervino said. “This is an important double check for all employers to ensure that this box is completed by the new hire.” Sheppard Mullin is a full-service Global 100 firm with more than 1,000 attorneys in 16 offices located in the United States, Europe and Asia. Since 1927, industry-leading companies have turned to Sheppard Mullin to handle corporate and https://9e-maya.ru/article/finance/ technology matters, high-stakes litigation and complex financial transactions.
Recent Updates
Here’s how employers and employees can successfully manage generative AI and other AI-powered systems. SHRM offers thousands of tools, templates and other exclusive member benefits, including compliance updates, sample policies, HR expert advice, education discounts, a growing online member community and much more. Employers are responsible for completing Section 2 of the Form I-9.
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